There will be no examination in processing the application for registration of a utility model. This means that only a verification of compliance with the formal and substantive requirements will be carried out when the application is filed. Attention is mainly paid to the requirements relating to the formal requirements, sufficient data concerning the utility model applicant, payment of the fees in due time etc.
Special attention is paid to the requirements for the preparation of documents (sheet size, margins, legibility of the text, and compliance of the drawings with the technical drawing requirements). If any deficiencies or ambiguities occur, the applicant shall be notified thereof and explanations will be asked for. If explanations are not provided or the deficiencies are not eliminated by the due date, the Estonian Patent Office will reject the patent application.
In the course of the procedure, the Estonian Patent Office shall perform state of the art search of the invention and inform the applicant of the results, but shall not take a decision to refuse registration on the basis of those results. This means that the Estonian Patent Office will register and publish the utility model when it meets the formal and substantive requirements, even if, based on the search result, the novelty of the invention may be questionable. Compliance with the criteria for novelty and inventive step shall be the responsibility of the applicant himself.
The description of the utility model shall be published after the registration of the utility model. State of the art search report will also be published along with the publication of the utility model description.
Last updated: 03.01.2022